Arkansas Eviction Process

How to Evict a Tenant in Arkansas (8 Steps)

Step 1: Deliver the Eviction Notice

The state has several laws governing the landlord/tenant relationship and eviction procedures, including the eviction notice process. These all fall under the Ark. Code Title 18 (Property). Both Chapter 16 (Landlord and Tenant) under Subtitle 2 and Chapter 60 (Miscellaneous Proceedings Related to Property) under Subtitle 5 apply.

A written eviction notice is required in the following situations:

• Non-payment of rent.
• Curable or incurable lease violations.
• Curable or incurable health and safety violations.
• Ending a week-to-week or month-to-month lease.

In cases of holdover tenancy or illegal activity, landlords can skip to Step 3.

Step 2: Wait Out Eviction Notice Period

Wait the required amount of time, which differs depending on the offense, to allow the tenant to solve the problem if curable. If the issue is incurable, the tenant may move out during the allotted time for their offense to avoid the rest of the eviction process.

Step 3: File Summons and Complaint

For civil evictions, if the tenant has not left or remedied the problem in the specified time period, the landlord can then file an unlawful detainer lawsuit. This will include a complaint explaining the violation, a notice of intent to issue a writ of possession, and a summons for the tenant. The landlord should also fill out and bring a cover sheet.

Landlords must file their cases in the county circuit courts in Arkansas. A $165 fee is due at the time of filing.

Step 4: Serve Summons and Complaint

A sheriff, deputy, or process server will deliver the summons and complaint to the tenant. This can be done in person or by first-class or certified mail.

If the documents are mailed and acknowledgment of service is not received within 20 days, the landlord must try again using a different method (Ark. R. Civ. P., Rule 4).

Step 5: Wait for the Tenant’s Answer

In a criminal rent non-payment case, the tenant has 10 days to respond to the court with a defense. In all other eviction cases, the tenant has five days to file their answer.

If the tenant does not answer, the landlord automatically wins the case without a hearing.

Step 6: Attend Hearing

After the tenant responds within the appropriate time period, the clerk of the court sets a date for a hearing. Each party then submits evidence to the court for a decision like any other civil case (Ark. Code § 18-17-905).

A landlord can support their unlawful detainer case with evidence such as:

• The lease agreement
• The eviction notice
• The complaint
• Photo, video, or written evidence of non-compliance
• Witnesses of damage or non-compliance

During the trial process, the tenant must pay rent to the registry of the court. If they fail to do so, they can lose the case solely on those grounds. If the tenant fails to appear at the hearing, the court also automatically rules in the landlord’s favor.

Step 7: Get a Writ of Possession

If the landlord wins the case, the court issues a “writ of possession” within three days. The sheriff will then post this at the property as a final 24-hour notice to vacate or be forcibly removed.

Step 8: Take Possession of the Property

After the 24-hour final notice period is up, the sheriff can forcibly remove the locks and the tenants’ personal property from the premises. They should store this property in a warehouse or other storage area (Ark. Code § 18-60-310).

Eviction Reasons

The state allows landlords to evict with and without legal cause. An eviction lawsuit in Arkansas is known as an “unlawful detainer” suit.

Notice for Termination With Cause

For curable offenses, a tenant can solve an issue within a certain time period. For incurable offenses, the tenant has no chance to fix the problem and must move out.

1. Non-Payment of Rent

Overview:

• Used if the tenant owes back rent.
• The landlord can choose between a civil and criminal eviction.
• The notice gives the tenant three days to leave for a civil eviction and 10 days for a criminal eviction.

In Arkansas, an “unconditional quit” eviction notice for rent non-payment is harsher than in other states, as it gives tenants no option but to pay to fix the issue and remain living on the property.

Landlords have two options for evicting tenants who have not paid rent:

• In most circumstances, landlords wait out the five-day grace period after the rent due date to serve a civil eviction notice. However, late fees can be charged during those five days (Ark. Code § 18-17-701(b)).
• In more extreme cases, a landlord may decide to press criminal charges against a non-paying tenant. For criminal evictions (not treated the same in all counties), no grace period applies. The landlord can serve a criminal eviction notice as soon as the rent payment is late. After receiving the notice, the tenant has 10 days to leave before the landlord can file a criminal eviction suit.

2. Lease Violations

Overview:

• Used if the tenant breaks the lease’s rules through a non-criminal act (like smoking in a non-smoking property) or “omission” (like having a pet on the premises without disclosing to the landlord).
• It can be curable or incurable, depending on the offense.
• The eviction notice called a “notice to comply,” gives the tenant 14 days to fix the problem or leave (Ark. Code § 18-17-701).

3. Health and Safety Issues

Overview:

• Used if the tenant has failed to keep the property clean, safe, and habitable.
• Curable or incurable, depending on the severity and whether the damage can be repaired and the threat removed.
• Notice to comply gives the tenant 14 days to right the problem or leave unless damage to the property constitutes an emergency (Ark. Code § 18-17-702).
• After 14 days, if the situation isn’t under control, the landlord has the right to enter the property and conduct necessary work. The tenant is responsible for reimbursing the landlord in these cases.

4. Criminal Activity

Overview:

• If a tenant engages in criminal activity on a property, their landlord can evict them.
• Incurable.
• No eviction notice is necessary — the landlord can immediately file an unlawful detainer lawsuit (Ark. Code § 18-60-304).

5. Refusal to Leave

Overview:

• A tenant who will not leave after their lease is up is known as a “holdover” tenant.
• Landlords can file to evict holdover tenants immediately as long as the tenant has proper notice of the lease’s termination.
• Incurable.

Notice for Termination Without Cause

Common reasons for evictions without providing a specific reason for termination include when a landlord wants to:

• Live on the property.
• House family or friends on the property.
• Substantially renovate the property.
• Ending a week-to-week or month-to-month lease.

1. Notice to End a Week-to-Week Tenancy

Overview:

• Send a seven-day notice to quit seven days before the next rent installment is due (Ark. Code § 18-17-704(a)).

2. Notice to End a Month-to-Month Tenancy

Overview:

• Send a 30-day notice to quit 30 days before the next rent installment is due (Ark. Code § 18-17-704(b)).

Eviction Timeline

Tenant Rights in Arkansas

State law prohibits “self-help” evictions, in which the landlord tries to evict a tenant without following the proper procedures. Unlike in other states, the law does not protect evicted tenants’ personal property by laying out necessary steps landlords must take to return it before disposal.

Self-Help Evictions

“Self-help” evictions are illegal in the state after the decision made in Gorman v. Ratliff, 289 Ark. 332, 712 S.W.2d 888 (Ark. 1986). This includes actions like:

• Changing locks
• Shutting off water and utilities
• Entering the property unlawfully to remove tenants
• Removing tenants’ personal belongings

Landlords must also not evict a tenant after they exercise a right by complaining to a proper authority. This is known as a retaliatory eviction. State law only specifically protects a tenant who has complained of a lead-related hazard from retaliatory eviction.

Abandoned Property

Ark. Code § 18-16-108 governs how landlords handle a tenant’s personal property after the writ of possession is executed. Once the property is left, it is immediately considered abandoned. The landlord can dispose of it as they see fit or use it as a lien if the former tenant owes them money.

Resources

• Landlord and tenant rights as described by the Arkansas government.
• Form of summons needed in an unlawful detainer lawsuit.
• The Arkansas Rules of Civil Procedure.